helps people win back their lives
Troy Embezzlement Lawyer
Embezzlement is often viewed as a white-collar crime since there is usually no violence involved, but facing an embezzlement charge can still be intimidating. A Troy embezzlement lawyer who has extensive experience in these types of cases could provide credible representation on your behalf in court. Call a dedicated criminal attorney today to schedule a case review and start developing a defense strategy for your case.Elements the Court Must Prove for a Conviction
Embezzlement in Michigan law has five elements which the prosecution must prove beyond a reasonable doubt to obtain a conviction. These components are as follows:
- Money or property belonging to someone else is stolen
- The accused had a trusting relationship as an employee or agent overseeing the funds or property
- The defendant possessed or controlled the missing money or property
- The defendant converted the money or property for their own purpose without permission
- At the time of conversion, the defendant intended to defraud the rightful owner
The consequences for embezzlement may be determined by the amount of money or the value of property converted. In addition to potential incarceration term minimums, established fines or fines of up to three times the amount taken—whichever is more—may also be imposed.
Embezzlement can be considered a Class C Felony if the amount taken is more than $100,000. In this case, the maximum allowable sentence is 20 years in state prison and a fine of up to $50,000. Amounts between $50,000 and $100,000 are typically punishable by up to 15 years in prison and a $25,000 fine. Between $20,000 and $50,000 taken could mean up to 10 years of imprisonment and a $15,000 fine. Amounts between $1,000 and $20,000 stolen may incur a $10,000 fine and five years of imprisonment.
A misdemeanor crime is charged in cases involving less than $200 and could be punished by up to 93 days in a county jail along with a $500 fine. However, if the legal owner of the money or asset was a non-profit or charitable organization or the defendant has a prior theft conviction, the sentence can be increased to one year in jail and a fine as high as $2,000.Defenses to Embezzlement Charges
When charged with embezzlement, an individual could have several legal defenses that may be applicable to their case. Authorities may have gaps in their evidence and may potentially be unable to prove all the elements comprising the crime if pressed by a qualified Troy embezzlement lawyer.
Duress is another defense that a person could assert. In such a case, a person may have committed an act of embezzlement but did so because someone threatened them or promised violence if they did not commit the crime. However, embezzling to fund drug or alcohol addiction is typically not applicable as a duress defense. Lack of intent can also be a defense if the money or property was accidentally taken or inadvertently misplaced or lost.Let a Troy Embezzlement Attorney Help
Different legal strategies offer different benefits, and some decisions surrounding embezzlement charges may be more advantageous for one person’s case than another’s. An experienced attorney could help you determine what course of legal option may assist you the best. To take a proactive step towards a positive outcome in your case, contact a skilled Troy embezzlement lawyer today who could aggressively advocate on your behalf.